According to the rule, 28 active ingredients are classified as Category II (not generally recognized as safe and effective or misbranded), which means that available data are insufficient to determine whether the mentioned active ingredients are safe and effective, and further testing is necessary. The ingredients in Category II include:

With the aim of reducing human exposure to hazardous chemicals from consumer products, the law requires the Department of Ecology (DOE) in consultation with the Department of Health (DOH), to identify priority consumer products that are a significant source of or use priority chemicals, namely:

Phthalates

Perfluoroalkyl and polyfluoroalkyl substances (PFASs)

Organohalogen flame retardants

Phenolic compound

Polychlorinated biphenyls (PCBs)

The new law enables the DOE to require companies to provide all ingredient information and their potential harm, restrict or prohibit unsafe substances when safer alternatives exist, and identify chemicals that are unsafe to specific demographics or sensitive individuals.

The legislation calls for the DOE to identify its first priority products by June 1, 2020. Regulatory action to address the priority products would need to be determined by June 1, 2022 with rules in place to implement the regulatory actions by 2023. This process is designed to repeat on a five-year cycle starting in 2024, with at least five priority chemicals and related consumer products being identified, reviewed and acted upon.

US State of California Proposes Amendments to Metal-Containing Jewelry Law

If the bill is accepted, the following changes will be made in the current legislation:

Revises the definition of “children” to mean persons 15 years of age and younger

Adopts federal standard for lead content in children’s jewelry of 100 ppm of lead by weight

Establishes Lead and Cadmium limits for surface coatings on children’s jewelry

Children’s jewelry (15 years and younger):

Surface coatings [New requirement]

Lead ≤ 90 ppmCadmium ≤ 75 ppm

Accessible components

Lead ≤ 100 ppm [New requirement]Cadmium ≤ 300 ppm

Strengthens the lead content limits in adult jewelry for electroplated metal, unplated metal, and dye or surface coatings to 500 ppm of lead by weight which aligns with ANNEX XVII of the EU REACH regulation

Reduces the lead content limit for plastic or rubber to 200 ppm of lead by weight.

The Bill is currently in Committee and will require a majority vote to become a law.

US State of New Jersey Bans Asbestos-Containing Products

On May 10, 2019, the US State of New Jersey passed the A4416 bill into law to prohibit the sale or distribution of asbestos-containing products.

Starting from 2009, the Act requires the DOH to create both the Chemicals of High Concern list and a Priority Chemicals list of hazardous chemicals that can be found in children's products.

The last update of the Chemicals of High Concern list was conducted in 2016 and a total of 1,769 chemical substances were listed including:

Bisphenol A (BPA);

Butyl benzyl phthalate (BBP);

Dibutyl phthalate (DBP);

Di(2-ethylhexyl) phthalate (DEHP);

Decabromodiphenyl ether (decaBDE);

Hexabromocyclododecane (HBCD);

Lead;

Cadmium; and

Formaldehyde.

A new Chemicals of High Concern list will be published on July 1, 2019 and it will be available on the Department’s website.

US State of Vermont Passes Bill to Amend Reporting Requirements for Chemicals in Children's Products

On June 19, 2019, the Governor of State of Vermont signed Senate Bill 55 into law to introduce new reporting requirements for Chemicals of High Concern (CHCC) in children's products. The law will become effective on July 1, 2019.

Starting July 1, 2020, manufacturers of children's products containing chemicals on the List of Chemicals of High Concern to Children (CHCC) are required to disclose and report the listed substances to the Department of Health (DOH) once a year instead of the previous biennial reporting requirement. The manufactures shall provide reports to the DOH including brand name, the product model, and the universal product code if available.

In addition, the law authorizes the Commissioner of Health to add new substances to the CHCC list on the basis of credible scientific evidence. The Commissioner may also adopt a rule to regulate the sale or distribution of a children’s product containing a chemical of high concern or require labeling of products which are determined to possibly pose adverse health impacts to children through exposure to CHCC chemicals in the products.

Canada Approves Corded Window Coverings Regulations

On April 15, 2019, Health Canada approved the Corded Window Coverings (CWCs) Regulations SOR/2019-97, which will come into force on May 1, 2021.

The new regulations repeal the current Corded Window Covering Products Regulations (CWCPR) SOR/2016-172 and introduce the following significant changes:

Physical requirements:
Corded window coverings must comply with the requirements for small parts and cord length. The main requirements are as follows:

Small parts: Every part of a corded window covering that is accessible to a child and can fit inside a small parts cylinder shall not become detached when it is subjected to a force of 90 N applied in any direction.

Unreachable cords: A cord that is not reachable shall remain so, whether the corded window covering is fully opened, fully closed or in any position in between, throughout the useful life of the corded window covering.

Reachable cord with one free end: A reachable cord with one free end shall not exceed 22 cm in length when it is pulled in any direction by the gradual application of a force attaining 35 N.

Reachable cord between two consecutive contact points: A reachable cord with no free end shall not exceed 22 cm in length between two consecutive contact points when it is pulled in any direction by the gradual application of a force attaining 35 N.

Loop created by a reachable cord: If a reachable cord is pulled in any direction by the gradual application of force attaining 35 N, the perimeter of any loop, whether it is existing, created or enlarged, shall not exceed 44 cm.

Two reachable cords: If two reachable cords with one free end each can be connected to one another end to end after each has been pulled in any direction by the gradual application of force attaining 35 N, the length of the resulting cord shall not exceed 22 cm and the perimeter of the loop that is created shall not exceed 44 cm.

Chemical requirements:
External components of a corded window covering must not contain more than 90 mg/kg of lead.

Labelling requirements:
Corded window coverings must carry general information; instructions for assembly, installation and operation; and warnings. Information shall be written in both English and French and either printed on the corded window covering itself or on a label that is permanently affixed to it.

Canada Proposes to Update the Hotlist of Cosmetic Ingredients

In May 2019, Health Canada issued a notice seeking public comment on proposed changes to the Cosmetic Ingredient Hotlist, including several changes to the existing list and new substances to be added.

EUROPE NEWS

On May 17, 2019 ,the European Commission published Commission Recommendation (EU) 2019/794 related to the establishment of market surveillance activities for food contact materials in the European Union market.

According to the incident report and information available in the Rapid Alert System for Food and Feed (RASFF), the following surveillance strategy will be developed to evaluate compliance with food contact requirements as described in Regulation (EC) No 1935/2004, Regulation (EU) No 10/2011 for plastic materials and other applicable legal documents.

Substances to be tested

Food contact material to be sampled

Primary aromatic amines (PAA)

Plastic tableware and kitchenware and printed food contact materials including paper and board.

Formaldehyde and Melamine

Plastic tableware and kitchenware including non-conventional plastic kitchenware and tableware, such as reusable coffee cups using additives in the plastic derived from natural sources such as bamboo.

Plastic materials and articles, in particular those manufactured using polyvinylchloride (PVC) such as thermoformed sheets, flexible packaging and tubing; closures and lids.

Fluorinated compounds

Paper and board based materials and articles, including those used to wrap fast-food, take out and bakery products and microwave popcorn bags.

Metals

Ceramic, enamel, vitreous and metal kitchenware and tableware including artisanal and traditionally produced materials and articles.

Overall migration

Non-conventional plastic kitchenware and tableware, such as reusable coffee cups using additives in the plastic derived from natural sources such as bamboo.

A minimum of 1,650 samples will be collected by the participating member states. The collection should take place from June 1 to December 31, 2019 with results expected to be reported to the Commission by February 29, 2020.

EU Safety Recall Alert – Nickel

In Europe, when hazards are identified in consumer products, the products will be recalled and published in the Rapid Alert System. An increasing number of product recalls related to excessive amount of nickel have been identified.

A number of products apart from jewelry, with direct skin contact are found in product recalls due to excessive amount of nickel content in the product. Examples of relevant European recalls recorded since 2018 are as follows:

Alert Number

Category

Product

Hazard

Image

A12/1542/18

Toys

Key ring

Excessive amount of Nickel (measured value up to 3.55 µg/cm²/week) is identified from the product

A12/1493/18

Clothing, textiles and fashion items

Leather handbag

Excessive amount of Nickel (measured value up to 51 µg/cm²/week) released from the clasp of the bag is identified

A12/0907/18

Hobby/sports equipment

Whistle

Excessive amount of Nickel (measured value up to 1.47 mg/cm²/week) released by metal is identified

A12/0817/18

Toys

Paint brush

Excessive amount of nickel (measured value up to 4.8 mg/cm²/week) released by the metal part of the paint brush is identified

A12/0614/18

Clothing, textiles and fashion items

Mask

Excessive amount of nickel (measured value up to 5.27 µg/cm²/week) released from the rivets connecting the rubber band to the mask is identified

A12/0313/18

Toys

Keychain

Excessive amount of nickel (measured value: 6.15 µg/cm²/week) released by the metallic part of the key ring is identified

Europe Recalls Summary (January 2019 – April 2019)

In Europe, when hazards are identified in consumer products, the products will be recalled and published in the Rapid Alert System, which is updated weekly. The European recalls for January through April 2019 are summarized below:

ASIA NEWS

China Proposes A New National Standard for Adhesives Used in Food Contact Materials

On May 22, 2019, the China National Centre for Food Safety Risk Assessment (CFSA) announced a public consultation on a draft national standard for adhesives used in food contact materials (FCMs) in China.

Lists of base polymers that are allowed in the production of food contact adhesives

Sensory requirement of food contact adhesive products

Migration requirement on any FCMs using an adhesive

Overall migration limit of 10 mg/dm2 is set as a general safety requirement within the standard

Microbial requirement of food contact adhesive products

Design and manufacture of joints and edges of FCMs should be strictly controlled

Labeling requirements are stated for the food contact adhesive

The public comment period on the draft standard ends on July 20, 2019.

AUSTRALIA NEWS

Australia Recalls Summary (January 2, 2019 ­– May 27, 2019)

In Australia, when hazards are identified in consumer products, they will be recalled and published in the Recalls and Safety Alerts Database on the Australian Competition & Consumer Commission website, which is updated daily. The Australia recalls from January 2, 2019 to May 27, 2019 are summarized below: